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Smith Vs. Apple
Cites for this judgment
- US Supreme Court
- Mar 03, 1924
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U.S. 274 (1924) U.S. Supreme Court Smith v. AppleSearch
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U.S. 274 (1924) Smith v. AppleSearch
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as to our jurisdiction of this appeal. This we must consider although not raised by counsel. Stevirmac Oil Co. v. DittmanSearch
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Code is a sufficient certification of a jurisdictional question. See Page 264 U. S. 277 Excelsior Pipe Co. v. BridgeSearch
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determine whether or not that court had and should have exercised the jurisdiction thus denied. Excelsior Pipe Co. v. BridgeSearch
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Louisville & N. Railroad Co. v. WesternSearch
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of the Code. Smith v. McKaySearch
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O'Neal v. UnitedSearch
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Darnell v. IllinoisSearch
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Stevirmac Oil Co. v. DittmanSearch
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DeRees v. CostagutaSearch
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limited by the Constitution or Page 264 U. S. 278 statutes of the United States, is in controversy, Smith v. McKaySearch
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Mexican Railway v. EckmanSearch
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United States v. CongressSearch
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is in issue. Louisville & N. Railroad Co. v. WesternSearch
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power to entertain the suit and afford the plaintiff equitable relief does not present a jurisdictional issue. Bien v. RobinsonSearch
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U. S. 427 . Such an issue is not presented by the question whether there is want of equity in the bill, Smith v. McKaySearch
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Building Association v. PriceSearch
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World's Columbian Exposition v. UnitedSearch
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its allegations are sufficient to entitle the plaintiff to the equitable relief sought, Louisville & N. Railroad Co. v. WesternSearch
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S. 173 , or whether it is not cognizable in equity because of a plain, adequate, and complete remedy at law, Smith v. McKaySearch
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Illinois Railroad v. AdamsSearch
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included within its inhibitions. In short, it goes merely to the question of equity in the particular bill. See Simon v. SouthernSearch
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Wells Fargo & Co. v. TaylorSearch
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National Surety Co. v. StateSearch
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Such injunctions may be granted, consistently with its provisions, in several classes of cases. See Wells Fargo & Co. v. TaylorSearch
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is prohibited by the statute or one in which it may Page 264 U. S. 280 nevertheless be granted. Marshall v. HolmesSearch
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undoubted right to invoke its federal jurisdiction, the court is bound to take the case and proceed to judgment. Kline v. BurkeSearch
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upon a jurisdictional issue, but on the merits, was only reviewable by appeal to the circuit court of appeals. De Rees v. CostagutaSearch
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c. 305, 42 Stat. 837, this would have resulted in the dismissal of the appeal for want of jurisdiction here. Smith v. McKaySearch
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Excelsior Pipe Co. v. BridgeSearch
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U.S. Supreme Court Smith v. AppleSearch
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Smith v. McKaySearch
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See Simon v. SouthernSearch
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See Wells Fargo & Co. v. TaylorSearch
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Kline v. BurkeSearch
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